The Court disposed of connected writ petitions challenging non-issuance of compensation for lands taken in possession in 2006-07. Directing authorities to initiate proceedings under the 2013 Act.
Respondent No.4 to submit proposal under the 2013 Act by 30.10.2021; appropriate authority to complete acquisition and award by 31.10.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2854 OF 2020
Gajanan Jagannath Bankar VERSUS
The State Of Maharashtra And Others
AND
WRIT PETITION NO.3268 OF 2020
Pushpabai Shamrao Sable
VERSUS
The State Of Maharashtra And Others
AND
WRIT PETITION NO.3227 OF 2020
Shaikh Gulab Shaikh Ajiz VERSUS
The State Of Maharashtra And Others
AND
WRIT PETITION NO.3272 OF 2020
Sandip Ramdas Jagtap
VERSUS
The State Of Maharashtra And Others
AND
WRIT PETITION NO.3226 OF 2020
Bhavrao Asaram Ghorpade
VERSUS
The State Of Maharashtra And Others
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AND WRIT PETITION NO.3225 OF 2020
Pandurang Kisan Waghmare VERSUS
The State Of Maharashtra And Others
AND WRIT PETITION NO.3269 OF 2020
Namdev Sitaram Tayde VERSUS
The State Of Maharashtra And Others
AND
WRIT PETITION NO.3282 OF 2020
Sahebrao Chinkuba Jaival
VERSUS
The State Of Maharashtra And Others
AND WRIT PETITION NO.2882 OF 2020
Baban Zhabu Rathod VERSUS
The State Of Maharashtra And Others
Advocate for the Petitioners : Shri N.S. Shah AGP for Respondents 1 to 5 : Shri S.B. Yawalkar
CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, JJ.
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DATE :- 24th September, 2021
Per Court :-
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taken in possession by respondent No.4/ acquiring body in and around 2006-2007. Some have lost smaller portions of land and few of the petitioners have also been rendered landless. No proceedings were initiated for acquisition and grant of compensation. As such, they have prayed that the lands which they have been dispossessed of by the acquiring body, should be acquired by following the due process of law laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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disposed off with the following directions :-
(a) Respondent No.4 shall prepare proper proposal
under the 2013 Act for acquisition of the lands at issue and forward it to respondent No.3/ District Collector, on or before 30.10.2021. No extension of time would be granted.
(b) Thereafter, the appropriate authority shall complete the acquisition proceedings and shall deliver the award on or before 31.10.2022 without seeking extension of time.
(c) In the event, the petitioners desire to seek advance compensation in the light of the Government Resolution dated 30.03.2016, they shall be bound by all the terms set out in the Government Resolution in the event they are paid such advance compensation.
kps (S.G. MEHARE, J.) ( RAVINDRA V. GHUGE, J. )
2 issues framed by the court
Whether agricultural lands dispossessed in 2006-2007 require fresh acquisition proceedings under the Racional Act, 2013 when possession has already been taken.
Whether reservation of land under a 2008 notification under the 2013 Act would lapse given the existing possession by the State.
Colour shows how this judgement treated each authority
Indore Development Authority versus Manoharlal and othersReferred¶58
SLP (C) Numbers 9036-9038/2016 in the matter of Indore Development Authority versus Manoharlal and others etc. dated 6th March, 2020
1 provisions across 1 enactments
Gajanan Jagannath Bankar
Pushpabai Shamrao Sable
Shaikh Gulab Shaikh Ajiz
Sandip Ramdas Jagtap
Bhrao Asaram Ghorpade
The State Of Maharashtra
Ravindra V. Ghuge
S. G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
